Legal Question in Intellectual Property in New York
Hello , I have a query I have registered brand in US with a valid TM number , someone is counterfeiting my goods in UK. Is there any law by which i can file a suit on the impersonator. Out TM rights are not valid in UK ours is not a global TM but they are using exact copies of our product and passing it off as ours.
2 Answers from Attorneys
The facts are not entirely clear, so you really need a proper legal consult not just a free Q&A platform.
That said, you have rights here in the US. If they are infringing here then you can take some action. If they are not operating in the US marketplace then the only way you have rights would be if you acquired rights under common law in the UK by virtue of doing business there. Otherwise, they would be free to adopt the mark there. If this were a very famous brand here in the US you may have be a position to assert some legal argument, but that is not likely the case.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
With respect to the trademark rights in the UK, you can extend your US registration to include world wide protection. As far as infringement in the UK, you would need to take action in the UK. I can help with international TM registration and know attorneys in the UK.
Please ping me directly
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
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